New Jersey’s State Remediation Professional (LSRP) Program

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In May, 2009, the State of New Jersey enacted the Site Remediation Reform Act (SRRA) which imposes an affirmative obligation on potentially responsible parties to proceed proactively with site cleanup in New Jersey. A major feature of this act is the establishment of a Licensed Site Remediation Professional (LSRP) program, somewhat modeled after similar programs established many years ago in CT and MA.

On November 4, 2009 the NJDEP started issuing temporary LSRP “licenses” to qualified applicants who were able to demonstrate the considerable experience and training required to work as independent professionals, without direct oversight from the NJDEP, to investigate and remediate a client’s facility.

Prior to the enactment of this legislation, Mr. Hochreiter actively participated in the development and implementation of this program, initially through the SRRA Consultants Coalition and later as a Steering Committee member in the NJ Licensed Site Remediation Professionals Association (NJ LSRPA). Following a temporary LSRP license program through May 2012, ALL site remediation activities that traditionally were overseen by NJDEP are now in the permanent LSRP program. The permanent program requires licensed professionals to achieve permanent status by passing a licensing exam issued by an LSRP Licensing Board that will assume responsibility for administering the program.

Mr. Hochreiter applied for and was awarded a temporary LSRP license in 2009, which he decided not to accept. The reasons relate to the sole-practitioner structure of Mr. Hochreiter’s practice, along with his widely-discussed concerns regarding the program’s “mandatory reporting” obligations that are imposed on the licensee upon the encounter of Act-determined environmental conditions. Mr. Hochreiter has determined that the LSRP program’s requirements cannot be reconciled with his contractual, confidential obligations associated with the representation of certain clients involved in environmental litigation. On behalf of the LSRPA, Mr. Hochreiter currently chairs the Bylaws Committee. Mr. Hochreiter also served as a Subject-Matter expert to develop questions for all of the Licensure examinations that Caviart administered through 2014.

Mr. Hochreiter maintains relationships with Strategic Partners who are licensed LSRPs, as clients require such services.